Difference between revisions of "Canada"

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* External links
 
* External links
 
** [http://www.bccla.org/othercontent/Genetic-privacy.pdf BCCLA: Genetic Privacy and Dicrimination (19th January 2012)]
 
** [http://www.bccla.org/othercontent/Genetic-privacy.pdf BCCLA: Genetic Privacy and Dicrimination (19th January 2012)]
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** [http://www.lop.parl.gc.ca/content/lop/researchpublications/prb0829-e.pdf Library of Parliament: NEW FRONTIERS IN FORENSIC DNA ANALYSIS: INTERNATIONAL PRACTICES AND IMPLICATIONS FOR CANADA (3rd March 2009)]
 
** [http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=2328217&File=22&Language=e&Mode=1 Bill C-104 (13th July 1995)]<br/> Bill C-104 (2005) enables a judge to issue a warrant to police for the collection of biological samples from suspects in a criminal investigation for DNA analysis and compare those samples against evidence left at a specific crime scene.
 
** [http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=2328217&File=22&Language=e&Mode=1 Bill C-104 (13th July 1995)]<br/> Bill C-104 (2005) enables a judge to issue a warrant to police for the collection of biological samples from suspects in a criminal investigation for DNA analysis and compare those samples against evidence left at a specific crime scene.
 
** [http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=2329919&Language=E&Mode=1&File=31 Bill C-3 (1997-98)]<br/> Bill C-3 establishes a National DNA Data Bank and allows for a judge to authorise the police to collect DNA samples from convicted offenders for inclusion in it.
 
** [http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=2329919&Language=E&Mode=1&File=31 Bill C-3 (1997-98)]<br/> Bill C-3 establishes a National DNA Data Bank and allows for a judge to authorise the police to collect DNA samples from convicted offenders for inclusion in it.
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* Press articles
 
* Press articles
**[http://www.cbc.ca/news/canada/manitoba/teresa-robinson-homicide-dna-samples-1.3433271CBC News: Human rights advocate slams collection of DNA samples from men, boys in Manitoba First Nation (4th February 2016)]
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**[https://policyoptions.irpp.org/magazines/february-2020/indigenous-dna-database-should-be-managed-by-its-people/ Policy Options: Indigenous communities, not the RCMP, should be the ones to collect and store their DNA for use in investigating missing persons.(21st February 2020)]
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**[https://globalnews.ca/news/4616715/ancestry-dna-test-deportation-cbsa/ Global News: Government using ancestry websites to deport immigrants: lawyer, court documents (1st November 2018)]
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**[https://www.ctvnews.ca/canada/canada-s-national-dna-database-to-finally-include-missing-people-1.3841350 CTV News: Canada's national DNA database to finally include missing people (13th March 2018)]
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**[http://canadafreepress.com/article/new-dna-technology-aids-in-fighting-crime-and-thwarting-terrorism Canada Free Press: New DNA technology aids in fighting crime and thwarting terrorism (14th March 2017)]
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**[https://motherboard.vice.com/en_us/article/police-released-a-suspect-photo-based-on-dna-from-a-decades-old-murder Motherboard: Police Released a Suspect Photo Based on DNA From a Decades-Old Murder (26th January 2017)]
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**[http://www.shorelinebeacon.com/2017/01/07/family-member-dna-searches-could-help-crack-canadian-cold-cases Ottawa Sun: Family-member DNA searches could help crack Canadian cold cases (7th January 2017)]
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**[http://www.680news.com/2016/06/08/privacy-laws-bureaucracy-make-canada-a-challenging-place-for-solving-cold-cases/ 680 News: Privacy laws, bureaucracy make Canada a challenging place for solving cold cases (8th June 2016)]
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**[http://www.mississauga.com/news-story/6712621-canada-a-tough-place-to-solve-cold-cases-experts/ Mississauga: Canada a tough place to solve cold cases:experts (8th June 2016)]
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**[https://www.thestar.com/news/crime/2016/06/06/toronto-cold-cases-push-haunted-detectives-to-dig-deep.html The Star: Toronto cold cases push haunted detectives to dig deep (6th June 2016)]
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**[http://www.metronews.ca/news/canada/2016/06/06/canada-s-cold-case-units-dig-into-unsolved-crimes-some-still-haunt-investigators.html Metro News: Canada's cold cases haunt the investigators working to solve them (6th June 2016)]
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**[http://www.straight.com/news/652376/reasonable-doubt-drawbacks-dna-dragnets-part-2 The Georgia Straight: Reasonable Doubt: Drawbacks with DNA dragnets, Part 2 (4th March 2016)]
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**[http://www.straight.com/news/647231/reasonable-doubt-drawbacks-dna-dragnets The Georgia Straight: Reasonable Doubt: The drawbacks with DNA dragnets (26th February 2016)]
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**[http://www.cbc.ca/news/canada/manitoba/teresa-robinson-homicide-dna-samples-1.3433271 CBC News: Human rights advocate slams collection of DNA samples from men, boys in Manitoba First Nation (4th February 2016)]
 
**[http://www.coastreporter.net/news/local-news/policing-committee-briefs-1.2151158 Coast Reporter: Policing committee briefs (14th January 2016)]
 
**[http://www.coastreporter.net/news/local-news/policing-committee-briefs-1.2151158 Coast Reporter: Policing committee briefs (14th January 2016)]
 
**[http://winnipeg.ctvnews.ca/conservatives-make-campaign-promise-to-create-new-winnipeg-human-trafficking-team-1.2583468 CTV News: Conservatives make campaign promise to create new Winnipeg human trafficking team (22 September 2015)]
 
**[http://winnipeg.ctvnews.ca/conservatives-make-campaign-promise-to-create-new-winnipeg-human-trafficking-team-1.2583468 CTV News: Conservatives make campaign promise to create new Winnipeg human trafficking team (22 September 2015)]
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** [http://www.vancouversun.com/news/Westminster+cold+case+revived+Alberta/4804235/story.html The Vancouver Sun: New Westminster cold case revived by Alberta DNA (17th May 2011)]
 
** [http://www.vancouversun.com/news/Westminster+cold+case+revived+Alberta/4804235/story.html The Vancouver Sun: New Westminster cold case revived by Alberta DNA (17th May 2011)]
 
**[http://www.theglobeandmail.com/technology/science/the-dark-side-of-dna/article4310360/ The Globe and Mail: The dark side of DNA (13th March 2010)]
 
**[http://www.theglobeandmail.com/technology/science/the-dark-side-of-dna/article4310360/ The Globe and Mail: The dark side of DNA (13th March 2010)]
 
  
 
==Detailed analysis==
 
==Detailed analysis==

Revision as of 15:57, 27 April 2020

Canada's DNA database was introduced in 2000.

The 2008 Interpol survey reports that 34,254 crime scene DNA profiles and 110,930 individuals' profiles were held in Canada at the time of the survey. According to Interpol, Canada's DNA database grew to 64,000 crime scene DNA profiles and 215,000 reference DNA profiles from individuals in 2011. A DNA database legislation had been adopted at that time according to Interpol.

In 2014, the Federal Government proposed a new missing persons' DNA database.

Resources

Detailed analysis

The DNA Identification Act, 1998 provides for the establishment of a DNA databank and amended the Criminal Code of Canada to provide a mechanism for a judge to order persons convicted of designated offences to provide blood, buccal or hair samples from which DNA profiles could be derived. The DNA Identification Act includes strict guidelines on genetic privacy and stipulates that samples collected from convicted offenders can only be used for law enforcement purposes. The Canadian DNA database is therefore restricted in its application to convicted offenders and is limited to those convicted of designated offences as defined in the Criminal Code. The DNA data bank of Canada manages two principal indices, namely: a) The Convicted Offender Index; and b) the Crime Scene Index containing DNA profiles obtained from crime scenes.


The National DNA Data Bank conforms with the requirements of ISO/IEC 17025 and is recognized as an accredited testing laboratory for specific tests listed in the scope of accreditation approved by the Standards Council of Canada.


Section 9(1) of the DNA Identification Act, provides that information in the convicted offenders index is to be kept indefinitely. Section 9(2) however provides for the removal of information from the convicted offenders index if the person’s conviction is set aside or if the person is subsequently acquitted of the offence. If a person’s profile was entered into the convicted offenders’ index and that person is subsequently granted a pardon then the Act stipulates that his or her profile may not be used for forensic DNA analysis (section 9(8) of the Act). With regard to children, the Act provides that information may be kept on the convicted offenders’ register, but must be removed when the record relating to the same offence is required to be destroyed, sealed or transmitted to the National Archivist of Canada under Part 6 of the Youth Criminal Justice Act. Samples may only be used for forensic DNA analysis and may only be used for comparing offender profiles with crime scene profiles.


The Act provides for the retroactive collection of profiles. In R v Rodgers (2006), the Supreme Court of Canada upheld the legality of the DNA database, including the retroactive collection of profiles. The Court held that “DNA sampling is no more part of the arsenal of sanctions to which an accused may be liable in respect of a particular offence than the taking of a photograph or fingerprints. The fact that the DNA order may have a deterrent effect on the offender does not make it a punishment”.